SHANMUGHAM ALIAS SHANMUGHA SIVANANDAM Vs. DHANDAYUTHAPANI PILLAI DIED

JUDGEMENT

(1.) PLAINTIFF in O.S. No. 149 of 1979, on the file of the District Munsif's Court, Thiruvaiyaru, is the appellant in this second appeal.

(2.) THE material facts which are necessary for the purpose of disposing of this second appeal may be summarised as follows: Plaint A Schedule property originally belonged to Natesa Pillai, who is the father of the plaintiff and first defendant. Apart from these two sons, Natesa Pillai and two other sons also viz., Subramaniam and Srinivasan. Subramaniam died unmarried and issueless in 1947 and Srinivasan also died in 1970. At the time of his death, Natesa Pillai left his widow Bapu Ammal. She also died in the year 1966.

(3.) IT is also his case that the redemption though stands in the name of the plaintiff, was with common funds. Plaintiff being more literate and local resident, was authorised by other sharers to redeem the property and, therefore, according to him, the redemption goes to the benefit of all the brothers. The allegation that he is in occupation of B Schedule was admitted, but it was said that it was in his own right and, therefore, he was not liable to be dispossessed.